Vacant property registration ordinance debated

Nearly two decades later, the vacant property registration program in the city of Painesville continues to be a hot-button issue.

Assistant City Manager Doug Lewis said the program was started in 2001 after the Community Development Department noted a large number of vacant properties. It was later passed by council and implemented. “The housing inspectors were having difficulty obtaining compliance and identifying who was responsible for the properties,” he said during a presentation to council at the most recent meeting.

Lewis explained how the program is administered.

Many questions arose about the process in defining a vacant building.

The definition of a vacant building is outlined in the Painesville Codified Ordinances 1375.02, he said.

A vacant building is unoccupied and unsecured; unoccupied and secured by other than normal means; unoccupied and an unsafe building as determined by the Community Development Department; unoccupied and having utilities disconnected; unoccupied and has housing or building code violations; illegally occupied, which shall include loitering and vagrancy; unoccupied for a period of time over 90 days and having an existing code violation issued by a property maintenance officer; unoccupied with a mortgage status of abandonment (i.e. deceased or foreclosed); unoccupied and abandoned by the property owner, according to the ordinance.

Housing inspectors use a checklist to determine vacancy. Signs of vacancy are significantly below standard utility usage; overgrown or dead vegetation; accumulation of newspapers, circulars, fliers or mail; accumulation of trash, junk or debris; broken or boarded-up

windows; abandoned vehicles, auto parts or materials; the absence of window coverings, such as curtains, blinds or shutters and the absence of furnishings or personal items consistent with habitation or occupation.

Lewis said the largest indicator of a vacant property comes from the Utility Department’s zero consumption monthly report.

Letters are sent to each property that has zero consumption in utility usage for three months or more.

“Owners’ responsibility tied to vacant properties is to be aware of the regulations in the community that may impact them,” Lewis said. “If they are aware of the regulations, they will be able to make more informed decisions. If the property is to become vacant, property owners are responsible for either registering the property or requesting an exemption.”

The reasons and time lengths for exemptions vary.

Exemption results are reviewed and approved through the Community Development Department.

Councilwoman Lori DiNallo questioned the entire ordinance.

“I feel we have the right to not live in or occupy a piece of property we own,” said DiNallo.

She said it is not right to tell people they must occupy a property if they

are maintaining and taking care of it.

While, Lewis said the program has been successful, he discussed the pros and cons.

“With positives, there’s always negatives,” he said. “The biggest problem we’ve seen is trying to make everyone aware of the program.”

Other disadvantages are the fees that property owners may have to pay for leaving their property vacant; fees people who purchase property to invest in the community pay; complaints from buyers, sellers and property owners who have to pay vacant property fees; increases in rental properties, because banks list properties and investors purchase them for income property; added work for Realtors and title agents, because they are required to check on fees prior to closing and the considerable staff time it takes to administer the program that takes away from property maintenance and other responsibilities, he added.

On the other hand, the program has been effective, Lewis said.

The number of vacant properties has dropped considerably since the start of the program.

In 2015, there were 232 vacant properties in the city of Painesville, whereas in 2017 there were 157, he said.